The High Court of Malawi Financial Crimes Division has thrown out UTM Party presidential candidate Dalitso Kabambe’s bid to pend his Reserve Bank of Malawi (RBM) abuse of office case until after September 16 General Election.
In his application, the former RBM governor wanted the court to adjourn the case to enable him freely campaign for the upcoming election.
But in a judgement delivered last Friday, presiding judge Anneline Kanthambi said the application was unfounded and directed that the matter should be continued in court.
Former director of public prosecutions Kamudoni Nyasulu, who is leading the prosecution team, in an interview yesterday expressed satisfaction with the ruling.
He said: “This means this matter will continue. By the time he was making that application [for adjournment], we were waiting for a judge to make a ruling on another application that he has immunity [to be prosecuted].
“So when he made another application, one of the issues we said is why are you making another application when we are waiting for ruling on an earlier application?”
In the case, Kabambe alongside six others is charged with conspiracy to use public office for personal advantage by allegedly opening letters of credit valued at K13.6 billion for the benefit of some politically-connected individuals and companies between April 2019 and June 2020.
While Kabambe had his bid thrown out for purportedly lacking basis, the same court last week adjourned the cement importation case involving former president Peter Mutharika’s personal bodyguard Norman Chisale and two others, to dates to be set after the election.
The adjournment followed an application by the defence, led by former Attorney General Kalekeni Kaphale, who argued that the ongoing campaign activities would compromise the availability of both the accused and their legal representatives.
The defence further submitted that proceeding with the matter during the campaign period would be unfair and could distract both the accused and the electorate from the elections.
When asked about the apparent conflicting judgements based on similar premises, Malawi Law Society president Davis Njobvu in an interview yesterday said courts make determinations based on various factors.
He said it was not peculiar that the same High Court has made different determinations on request for adjournments in relations to the September 16 2025 General Election.
“It’s not like a uniform rule that for example in this case where people are going for a campaign means each and every case would have to be adjourned because of that,” said Njobvu.
Kabambe is being charged alongside his former deputy at RBM Henry Mathanga, Leonard Kandoje, Leston Ted Mulli, Joseph Khupe, Felton Mulli and Justin Fredson Likhunya. They were arrested in 2021, but were later released on bail.
The transaction is said to have benefitted Web Commercials Limited, FF Trading, Rock ba Rock, Mulli Brothers Limited and JF Trading.
Kabambe served as RBM governor between April 2017 and July 2020 after the Tonse Alliance administration defeated Democratic Progressive Party in the court-sanctioned fresh presidential election.
